Receiving & Concealing Stolen Property

Receiving and concealing stolen property is when someone buys, receives, possesses, conceals, or aids in the concealment of property that is embezzled, stolen, or converted. Receiving and concealing stolen property can either be a misdemeanor or felony depending on the value of the stolen property and if the person has any prior offenses for the same charge.

Receiving and Concealing Stolen Property Penalties

If any of the following apply, that person is guilty of a felony punishable by up to 10 years in prison and a fine up to $15,000 or three times the value of the property, whichever is greater:

The value of the property is $20,000 or more

The value of the property is $1,000-20,000 and the person has two or more prior convictions of receiving and concealing stolen property

If any of the following apply, that person is guilty of a felony punishable by up to five years in prison and a fine up to $10,000 or three times the value of the property, whichever is greater:

The value of the property is $1,000-20,000

The value of the property is $200-1,000 and the person has one or more prior convictions for receiving and concealing stolen property

If any of the following apply, that person is guilty of a misdemeanor punishable by up to one year in jail and a fine up to $2,000 or three times the value of the property, whichever is greater:

The value of the property is $200-1,000

The value of the property is less than $200 and the person has one or more prior convictions for receiving and concealing stolen property or an equivalent offense under a local ordinance.

If the value of the property is less than $200 and the person has no prior receiving and concealing stolen property convictions, that person is guilty of a misdemeanor punishable by up to 93 days in jail and a fine up to $500 or three times the value of the property, whichever is greater.

Receiving and Concealing a Stolen Motor Vehicle

The charge is the same only with the added element that the stolen property is a motor vehicle. This is a felony punishable by up to five years in prison and a fine up to $10,000 or three times the value of the property, whichever is greater.

Time May be Aggregated to Determine the Value of the Property

The value of the property may be aggregated to determine the total value if part of a scheme or course of conduct within any 12-month period.

Defenses

The key element in this charge is what I call the “knowing” element. Any person charged with this offense must have known or had reason to know that the property was stolen. This is not a strict liability crime. In other words, it is not enough for the prosecutor to prove that you were in possession of stolen property. They have to prove beyond a reasonable doubt that you knew it was stolen or you should have known it was stolen. This can be proven by circumstantial evidence, ex. serial numbers scratched off, someone with a trench coat in an alley offering to sell you a $100 gold Rolex, etc. Likewise, it is not a defense to the charge if the property was not actually stolen. If the property was represented to you as being stolen at the time you possessed or concealed it, you are guilty even if it was later determined that the property wasn’t stolen.

Lansing Michigan Criminal Defense Attorney

Receiving and concealing stolen property can leave an indelible mark on your record as any crime of theft or dishonesty can. If you have been charged with receiving and concealing stolen property you need an experienced criminal defense attorney to fight for you. Call Austin Legal Services, PLC today at (517) 614-1983 for a free consultation today!